General Terms and Conditions for End Customers – Apparatus Larp

For all contractual relationships between Apparatus Larp and the customer, these General Terms and Conditions (AGB) apply exclusively. Any conditions that contradict or deviate from these AGB are expressly rejected. They will not become part of the contract unless Apparatus Larp has expressly agreed to their validity in writing.

These AGB apply exclusively to the relationship with end customers. Separate AGB apply to the business relationship with commercial customers.

1) Offer and Product Description

The essential characteristics of the goods we offer and the validity period of limited offers are determined by the individual and detailed product descriptions within our internet and shop offer. The language available for the conclusion of the contract online is German and English.

The products are items that you may not only use decoratively but also practically, for example, at LARP events. However, they are action equipment that is only based on actual historical weapons and equipment and cannot match the durability and wear of the original as sports equipment and depends significantly on how you use and maintain them.

Custom and made-to-measure products, i.e., products that are manufactured exclusively for you at your request, are not subject to the right of withdrawal. A return is generally excluded, but Apparatus Larp reserves the right to make exceptions on a case-by-case basis.

The products are sold exclusively for private use. Imitation, processing, and duplication – especially for commercial and business use – require prior approval from Apparatus Larp.

2) Registration and Online Ordering

When you have found the desired product, you can place it in the shopping cart without obligation, view the cart at any time without obligation, modify it and remove products or cancel the ordering process.

If you want to purchase the products in the shopping cart, select the shipping and payment method you want and click the 'Checkout' button. Please enter your data there, which Apparatus Larp needs to process the order.

By clicking the "continue" button, you will go to the shipping and payment method page. Please check if all information is correct. By clicking the "continue" button, you will proceed to the "Summary". You can only proceed with the order if you agree to the AGB and the privacy policy (check the box).

By clicking the "order with obligation to pay" button on the summary page, you complete the ordering process and thus submit a binding contractual offer for the goods listed in the order. Until this step, you can cancel the ordering process at any time by closing the browser window or correcting input errors.

3) Conclusion of Contract

After we have received your order, you will receive an email confirming the receipt of the order and containing all details of the order (automatic order confirmation). This order confirmation does not constitute acceptance of your offer but is only intended to inform you that your order has been received by Apparatus Larp.

A purchase contract is only concluded when Apparatus Larp declares acceptance to you. This is done by sending a corresponding separate email (e.g., with payment details), sending the ordered goods to you, or a shipping confirmation by email. No purchase contract is concluded for products from the same order that are not also listed in the purchase or shipping confirmation. In the case of verbal orders, Apparatus Larp can request a written copy of the contract and confirmation of the agreed conditions.

The contract text is stored by Apparatus Larp but is not freely and readily accessible to you. By using the print function of your browser, you have the option to print the contract text. You can also save the contract text by saving the internet page on your computer. In addition, you will receive from us the essential details of the order in the separate email or an invoice with the delivery, containing all essential details of the order.

4) Prices, Costs, and Payment

The stated purchase prices are final prices and are in euros. They include the applicable sales tax and other price components. Additional delivery and shipping costs are indicated separately. The prices at the time of the order apply.

Payment for the goods is made in advance, either via Paypal or bank transfer to Apparatus Larp. After receipt of payment, the delivery is initiated. Apparatus Larp reserves the right to not offer you certain payment methods in individual cases. The invoice amount is to be paid in one sum. If the invoice amount is not received within the period specified in the email with payment details, we are entitled to withdraw from the contract or, if you are in default of payment, to claim default interest. You will be in default at the latest if you do not make a payment within 30 days after the due date and receipt of an invoice or equivalent payment schedule. Any further claim for damages remains unaffected.

5) Delivery, Shipping

Delivery is made to the delivery address you specified. Higher costs are incurred for deliveries abroad. You bear any customs duties and taxes that may be incurred.

On our website, you will find an overview of the costs for the various offered shipping methods. The shipping costs from Apparatus Larp are also listed in the order. You may choose between several shipping options.

This does not apply if the delivery is outside Germany or if special shipping costs are expressly pointed out in the item description.

If shipping costs are incurred, they include the costs of sending as well as the costs of the packaging material.

Europe-wide and international deliveries are made via DHL. If an order incurs special shipping costs, the customer will be informed of these increased costs, especially in the case that the customer has special shipping requests.

Binding delivery deadlines must be expressly agreed upon. Delivery is subject to the proviso of payment. The shipment is made according to legal provisions for consumer goods purchase at our risk. For divisible orders, Apparatus Larp is entitled to make partial deliveries.

6) Retention of Title, Right of Retention, Setoff

Apparatus Larp reserves the ownership of the goods until full payment has been made. You are only entitled to setoff if your counterclaims have been legally established or are undisputed or have been acknowledged by Apparatus Larp. You may only exercise a right of retention insofar as the claims result from the same contractual relationship.

7) Warranty

In case of a defect, you initially have the legal right to choose between rectification of the defect or replacement delivery. If the legal requirements are met, you also have the right to reduce the purchase price or to withdraw from the contract. In addition, subject to legal requirements, you are entitled to claim damages or reimbursement of futile expenses. The fulfillment of the rectification can be refused if it is only possible with disproportionate costs.

The warranty period begins upon receipt of the goods by the customer and is two years for new items. The warranty period for used items is reduced to one year.

There is no defect in case of damages caused by improper or contractual misuse by you during installation, operation, use, and storage. The impropriety is determined particularly by the information about the product provided by Apparatus Larp in product descriptions, care instructions, and other usage instructions to the customer. The same applies to wear caused by the use of the product. Normal wear does not constitute a defect.

Irregularities in color and structure are based on the natural condition of the leather and are a typical quality feature that only underscores the authenticity of the leather and does not represent a defect.

Slight color deviations of the originals and the representation of images on the website may arise due to different screen settings and lighting conditions.

Regardless of the preceding regulations for shortening the warranty period for used goods, the limitation period for claims for damages in case of injury to life, body, health, which are based on an intentional or negligent breach of duty by us or an intentional or negligent breach of duty by our legal representatives or vicarious agents, remains unaffected. Furthermore, regardless of the preceding regulations for shortening the warranty period for used goods, the limitation period for claims for damages for other damages, which are based on an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by our legal representatives or vicarious agents, remains unaffected. In this respect, § 8 applies.

8) Liability

Apparatus Larp is only liable for damages that are based on intentional or grossly negligent breaches of duty. The above limitation of liability also applies to breaches of duty by the legal representatives or vicarious agents of Apparatus Larp. The liability for damages under the Product Liability Act, as well as damages resulting from injury to life, body, health, or material contractual obligations (cardinal obligations), remains unaffected by this exclusion of liability. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on which the contractual partner regularly relies and may rely.

Apparatus Larp particularly points out that the products are goods that may only be used for sporting purposes. However, replicas can also cause damage to others if used improperly. You bear the responsibility to ensure that no third parties are harmed by your use of the products, e.g., by actions that are not only feigned and purely sporting. Apparatus Larp is not liable for such damages to third parties.

9) Data Protection

The personal data necessary for the transaction are collected, stored, and used by Apparatus Larp as far as and as long as necessary within the framework of order processing. All personal data will of course be treated confidentially. A transfer to third parties only takes place within the scope of order, payment, and delivery processing to the necessary extent (e.g., to PayPal or the transport company). After complete contract processing, the data is locked for further use. After the expiry of tax and commercial law regulations, these data will be deleted unless you have expressly consented to further use. According to the Federal Data Protection Act, you have the right to free information about your stored personal data and, if applicable, a right to correction, blocking, or deletion of these data. In this respect, you can also contact Apparatus Larp via shop@apparatus-larp.com. Further information can be found in our data protection declaration.

10) Final Provisions

German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of fulfillment, as far as legally permissible, is also the headquarters of Apparatus Larp. Should individual provisions of the contract or these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the rest of the contract and the General Terms and Conditions.

Date: 07.09.2023